The Question Of Plaintiff Qualification In Administrative Agreement Litigation

In the judicial practice,the disputes of administrative agreement may face many obstacles when they enter the administrative litigation procedure,among whcih be biggest problem is the plaintiff’s qualification.The determination of the plaintiff’s qualification is the most core and complex issue affecting the initiation and proceeding of administrative agreement litigation.The determination of the plaintiff’s qualifications is the most core and most complex issue that affects the initiation of administrative agreement litigation procedures.It is advisable to start with the three parties of the counterparty,the administrative agency and the third party of the administrative agreement,and analyze each subject’s subject in the subject of plaintiff qualification Various questions:The provisions of Administrative Litigation Law on the scope of acceptance of administrative agreement disputes are limited to four cases: "Illegal Performance","Illegal Performance","Illegal Change" and "Release of Illegal".There are also cases in the judicial practice that exclude the right of the administrative counterpart to bring an administrative lawsuit in disputes related to administrative agreements other than the four cases listed above,that is,"to limit the plaintiff qualification of the administrative counterpart by the scope of the case." From the perspective of clarifying and expanding the qualifications of the plaintiff of the administrative counterpart,the provisions of the Administrative Procedure Law on the scope of acceptance of administrative agreement disputes should be modified,or the expression "not made in accordance with the law" should be added,or the overall amendment should be "that the administrative agency An administrative agreement is concluded,performed,changed or cancelled in accordance with law or contract ".In fact,the issue of whether administrative agency has plaintiff qualification in administrative agreement litigation is discussing the how to enable the administrative agency to realize its contractual claim in the face of an administrative counterpart’s breach of contract under the plaintiff’s constancy rule in the Administrative Procedure Law.The Supreme People’s Court has published the Provisions of the Supreme People’s Court on Several Issues in the Trial of Administrative Agreement Cases in November 27,2019,which denied that the administrative agency has plaintiff qualification in administrative agreement litigation from denying that the administrative authority has the right to file a counterclaim.The root of this provision is still in the Administrative Procedural Law,the Supreme People’s Court cannot exceed the provisions of the Administrative Procedural Law to authorize plaintiff qualification to the administrative agency.However,many scholars have appeal to authorize plaintiff qualification to administrative agencies one after another.Most scholars support to use bilateral structure to construct a plaintiff qualification system for administrative agreement litigation.It is necessary to conduct many researches on this.It is advisable to look at this issue from the perspective of legislative ideas,comparative law research,and litigation type arrangements.And it is advocated to authorize limited plaintiff qualification to administrative agencies for administrative agreement litigation.The issues about the plaintiff qualification of the third party of administrative agreement are more thorny and complex.On one hand,the third party cannot be easily authorized with plaintiff qualification for the limitation of the relativity of the contract.On the other hand,the Supreme People’s Court has deliberately broke the principle of relativity of contracts in judicial interpretation and has granted plaintiff qualification to a certain third parties.It is advisable to adhere to the principle of limitation,break the principle of relativity of the contract appropriately,confirm the plaintiff qualifications of leasee of operating property and land management right people according to the actual needs of legislation and justice and adopt the theory of Separable Behavior and new Protection Norms to expand the plaintiff qualification of the third party in administrative agreement.